[Notice of Applications for Deregistration Under Section 8(f) of the Investment Company Act of 1940, 12734-12735 [2021-04411]
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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices
to be appropriate and publishes its
reasons for so finding, or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day after
publication of the notice for this
proposed rule change is February 28,
2021. The Commission is extending this
45-day time period.
The Commission finds that it is
appropriate to designate a longer period
within which to take action on the
proposal so that it has sufficient time to
consider the proposed rule change.
Accordingly, the Commission, pursuant
to Section 19(b)(2) of the Act,5
designates April 14, 2021, as the date by
which the Commission shall either
approve or disapprove, or institute
proceedings to determine whether to
disapprove, the proposed rule change
(File No. SR–Phlx–2021–03).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–04427 Filed 3–3–21; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
34217]
[Notice of Applications for
Deregistration Under Section 8(f) of the
Investment Company Act of 1940
jbell on DSKJLSW7X2PROD with NOTICES
February 26, 2021.
The following is a notice of
applications for deregistration under
section 8(f) of the Investment Company
Act of 1940 for the month of February
2021. A copy of each application may be
obtained via the Commission’s website
by searching for the file number, or for
an applicant using the Company name
box, at https://www.sec.gov/search/
search.htm or by calling (202) 551–
8090. An order granting each
application will be issued unless the
SEC orders a hearing. Interested persons
may request a hearing on any
application by emailing the SEC’s
Secretary at Secretarys-Office@sec.gov
and serving the relevant applicant with
a copy of the request by email, if an
email address is listed for the relevant
applicant below, or personally or by
mail, if a physical address is listed for
5 Id.
6 17
CFR 200.30–3(a)(31).
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the relevant applicant below. Hearing
requests should be received by the SEC
by 5:30 p.m. on March 23, 2021, and
should be accompanied by proof of
service on applicants, in the form of an
affidavit or, for lawyers, a certificate of
service. Pursuant to Rule 0–5 under the
Act, hearing requests should state the
nature of the writer’s interest, any facts
bearing upon the desirability of a
hearing on the matter, the reason for the
request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
writing to the Commission’s Secretary at
Secretarys-Office@sec.gov.
ADDRESSES: The Commission:
Secretarys-Office@sec.gov.
FOR FURTHER INFORMATION CONTACT:
Shawn Davis, Assistant Director, at
(202) 551–6413 or Chief Counsel’s
Office at (202) 551–6821; SEC, Division
of Investment Management, Chief
Counsel’s Office, 100 F Street NE,
Washington, DC 20549–8010.
2017 Mandatory Exchangeable Trust
[File No. 811–23316]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. On December 1,
2020, applicant made liquidating
distributions to its shareholders based
on net asset value. Expenses of $1,500
incurred in connection with the
liquidation were paid by Inversora
Carso, S.A. de C.V. (Mexico), Control
Empresarial de Capitales, S.A. de C.V.
(Mexico), and Banco Inbursa, S.A.,
Institucio´n de Banca Mu´ltiple, Grupo
Financiero Inbursa.
Filing Date: The application was filed
on December 10, 2020.
Applicant’s Address: wendell.faria@
dentons.com, dpuglisi@
puglisiassoc.com.
Morgan Stanley New York Municipal
Money Market Trust [File No. 811–
05987]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On September 16,
2020, applicant made a liquidating
distribution to its shareholders based on
net asset value. Expenses of $85,000
incurred in connection with the
liquidation were paid by the applicant.
Filing Date: The application was filed
on January 5, 2021.
Applicant’s Address: Jill.Whitelaw@
morganstanley.com.
Mutual of America Institutional Funds
Inc. [811–08922]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. The applicant has
PO 00000
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transferred its assets to Mutual of
America Investment Corporation, and
on December 16, 2020 made a final
distribution to its shareholders based on
net asset value. Expenses of $457,705.50
incurred in connection with the
reorganization were paid by the
applicant’s investment advisor.
Filing Date: The application was filed
on December 21, 2020, and amended on
February 9, 2021.
Applicant’s Address: james.roth@
mutualofamerica.com.
Nicholas High Income Fund, Inc. [File
No. 811–00216]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On July 24, 2020,
applicant made a liquidating
distribution to its shareholders based on
net asset value. Expenses of $23,257.82
incurred in connection with the
liquidation were paid by the applicant’s
investment advisor. Applicant also has
an account receivable in the amount of
$4,500, which is retained for the
payment due on a voluntary consent
solicitation for a bond which was
tendered prior to liquidation.
Filing Date: The application was filed
on January 5, 2021.
Applicant’s Address: jtthompson@
michaelbest.com.
Tigershares Trust [811–23371]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On November 25,
2020, applicant made a liquidating
distribution to its shareholders based on
net asset value. Expenses of $10,000
incurred in connection with the
liquidation were paid by the applicant’s
investment adviser, and/or their
affiliates.
Filing Date: The application was filed
on December 11, 2020.
Applicant’s Address: Stacy.Fuller@
klgates.com.
XAI Octagon Credit Trust [File No. 811–
23364]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. Applicant has
never made a public offering of its
securities and does not propose to make
a public offering or engage in business
of any kind.
Filing Date: The application was filed
on January 5, 2021.
Applicant’s Address: kevin.hardy@
skadden.com.
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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices
For the Commission, by the Division of
Investment Management, pursuant to
delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
[FR Doc. 2021–04411 Filed 3–3–21; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–91216; File No. SR–
NYSEArca–2021–13]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing of Proposed
Rule Change To Amend the Schedule
of Wireless Connectivity Fees and
Charges To Add Circuits for
Connectivity Into and Out of the Data
Center in Mahwah, New Jersey
February 26, 2021.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’),2 and Rule 19b–4 thereunder,3
notice is hereby given that on February
12, 2021, NYSE Arca, Inc. (‘‘NYSE
Arca’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
jbell on DSKJLSW7X2PROD with NOTICES
The Exchange proposes to amend the
schedule of Wireless Connectivity Fees
and Charges (the ‘‘Fee Schedule’’) to (1)
add circuits for connectivity into and
out of the data center in Mahwah, New
Jersey (the ‘‘Mahwah Data Center’’); (2)
add services available to customers of
the Mahwah Data Center that are not
colocation Users; and (3) change the
name of the Fee Schedule to ‘‘Mahwah
Wireless, Circuits, and Non-Colocation
Connectivity Fee Schedule.’’ The
proposed rule change is available on the
Exchange’s website at www.nyse.com, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend the
Fee Schedule to add services (‘‘NCL
Services’’) and related fees available to
customers of the Mahwah Data Center
that are not colocation Users (‘‘NCL
Customers’’),4 as well as circuits into
and out of the Mahwah Data Center that
are available to both colocation Users
and NCL Customers. In addition, in a
conforming change, because the Fee
Schedule would no longer be limited to
wireless services, the Exchange
proposes to change the name of the Fee
Schedule from ‘‘Wireless Connectivity
Fee Schedule’’ to ‘‘Mahwah Wireless,
Circuits, and Non-Colocation
Connectivity Fee Schedule.’’ 5
The Exchange makes the current
proposal solely as a result of its
determination that the Commission’s
recent interpretations of the Act’s
definitions of the terms ‘‘exchange’’ and
‘‘facility,’’ as expressed in the Wireless
Approval Order,6 apply to connectivity
services described herein that are
offered by entities other than the
Exchange. The Exchange disagrees with
the Commission’s interpretations,
denies the services covered herein (and
in the Wireless Approval Order) are
offerings of an ‘‘exchange’’ or a
‘‘facility’’ thereof, and has sought review
of the Commission’s interpretations, as
4 For purposes of the Exchange’s colocation
services, a ‘‘User’’ means any market participant
that requests to receive colocation services directly
from the Exchange. See Securities Exchange Act
Release No. 76010 (September 29, 2015), 80 FR
60197 (October 5, 2015) (SR–NYSEArca–2015–82).
5 Each of the Exchange’s affiliates (New York
Stock Exchange LLC, NYSE American LLC, NYSE
Chicago, Inc., and NYSE National, Inc.) (the
‘‘Affiliate SROs’’) has submitted substantially the
same proposed rule change to propose the changes
described herein. See SR–NYSE–2021–14, SR–
NYSEAMER–2021–10, SR–NYSECHX–2021–03,
and SR–NYSENAT–2021–04.
6 See Securities Exchange Act Release No. 90209
(October 15, 2020), 85 FR 67044 (October 21, 2020)
(SR–NYSE–2020–05, SR–NYSEAMER–2020–05,
SR–NYSEArca–2020–08, SR–NYSECHX–2020–02,
SR–NYSENAT–2020–03, SR–NYSE–2020–11, SR–
NYSEAMER–2020–10, SR–NYSEArca–2020–15,
SR–NYSECHX–2020–05, SR–NYSENAT–2020–08)
(‘‘Wireless Approval Order’’).
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12735
expressed in the Wireless Approval
Order, in the Court of Appeals for the
District of Columbia Circuit.7 Pending
resolution of such appeal, however, the
Exchange is making this proposal in
recognition that the Commission’s
current interpretation brings certain
offerings of the Exchange’s affiliates into
the scope of the terms ‘‘exchange’’ or
‘‘facility.’’
The Exchange expects the proposed
change to be operative 60 days after the
present filing becomes effective.
Mahwah Circuits
Customers can connect into and out of
the Mahwah Data Center using either
wireless connections or wired fiber
optic circuits. Both IDS and numerous
third-party telecommunications service
providers offer wired circuits into and
out of the Mahwah Data Center. The
circuits that IDS offers are described
below. Such IDS circuits are available to
all colocation Users and NCL
Customers, but such customers are not
obligated to use them; rather, both
colocation Users and NCL Customers
may instead choose to contract directly
with third-party telecom carriers for
circuits into and out of the Mahwah
Data Center.
The Exchange proposes to add to the
Fee Schedule the circuit options offered
by IDS to both colocation Users and
NCL Customers to connect into and out
of the Mahwah Data Center.
Specifically, the Exchange proposes to
amend the Fee Schedule to add two
different types of circuits, each available
in three different sizes, under the new
heading ‘‘C. Mahwah Circuits.’’
First, the Exchange proposes to
amend the Fee Schedule to add ‘‘Optic
Access’’ circuits, which are circuits that
IDS operates and that customers can use
to connect between the Mahwah Data
Center and IDS access centers at the
following six third-party owned data
centers: (1) 111 Eighth Avenue, New
York, NY; (2) 32 Avenue of the
Americas, New York, NY; (3) 165
Halsey, Newark, NJ; (4) Secaucus, NJ
(the ‘‘Secaucus Access Center’’); (5)
Carteret, NJ (the ‘‘Carteret Access
Center’’); and (6) Weehawken, NJ. Optic
Access circuits are available in 1 Gb, 10
Gb, and 40 Gb sizes.
Second, the Exchange proposes to
amend the Fee Schedule to add lowerlatency Optic Low Latency circuits that
IDS operates and that customers can use
to connect between the Mahwah Data
Center and IDS’s Secaucus Access
Center or Carteret Access Center. Optic
7 Intercontinental Exchange, Inc. v. SEC, No. 20–
1470 (D.C. Cir. 2020).
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Agencies
[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Notices]
[Pages 12734-12735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04411]
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SECURITIES AND EXCHANGE COMMISSION
[Investment Company Act Release No. 34217]
[Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940
February 26, 2021.
The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
February 2021. A copy of each application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at https://www.sec.gov/search/search.htm or by calling (202) 551-8090. An order granting each
application will be issued unless the SEC orders a hearing. Interested
persons may request a hearing on any application by emailing the SEC's
Secretary at [email protected] and serving the relevant
applicant with a copy of the request by email, if an email address is
listed for the relevant applicant below, or personally or by mail, if a
physical address is listed for the relevant applicant below. Hearing
requests should be received by the SEC by 5:30 p.m. on March 23, 2021,
and should be accompanied by proof of service on applicants, in the
form of an affidavit or, for lawyers, a certificate of service.
Pursuant to Rule 0-5 under the Act, hearing requests should state the
nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by writing to the Commission's Secretary at
[email protected].
ADDRESSES: The Commission: [email protected].
FOR FURTHER INFORMATION CONTACT: Shawn Davis, Assistant Director, at
(202) 551-6413 or Chief Counsel's Office at (202) 551-6821; SEC,
Division of Investment Management, Chief Counsel's Office, 100 F Street
NE, Washington, DC 20549-8010.
2017 Mandatory Exchangeable Trust [File No. 811-23316]
Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On December
1, 2020, applicant made liquidating distributions to its shareholders
based on net asset value. Expenses of $1,500 incurred in connection
with the liquidation were paid by Inversora Carso, S.A. de C.V.
(Mexico), Control Empresarial de Capitales, S.A. de C.V. (Mexico), and
Banco Inbursa, S.A., Instituci[oacute]n de Banca M[uacute]ltiple, Grupo
Financiero Inbursa.
Filing Date: The application was filed on December 10, 2020.
Applicant's Address: [email protected],
[email protected].
Morgan Stanley New York Municipal Money Market Trust [File No. 811-
05987]
Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On September 16, 2020, applicant made a
liquidating distribution to its shareholders based on net asset value.
Expenses of $85,000 incurred in connection with the liquidation were
paid by the applicant.
Filing Date: The application was filed on January 5, 2021.
Applicant's Address: [email protected].
Mutual of America Institutional Funds Inc. [811-08922]
Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. The applicant has transferred its assets to
Mutual of America Investment Corporation, and on December 16, 2020 made
a final distribution to its shareholders based on net asset value.
Expenses of $457,705.50 incurred in connection with the reorganization
were paid by the applicant's investment advisor.
Filing Date: The application was filed on December 21, 2020, and
amended on February 9, 2021.
Applicant's Address: [email protected].
Nicholas High Income Fund, Inc. [File No. 811-00216]
Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On July 24, 2020, applicant made a
liquidating distribution to its shareholders based on net asset value.
Expenses of $23,257.82 incurred in connection with the liquidation were
paid by the applicant's investment advisor. Applicant also has an
account receivable in the amount of $4,500, which is retained for the
payment due on a voluntary consent solicitation for a bond which was
tendered prior to liquidation.
Filing Date: The application was filed on January 5, 2021.
Applicant's Address: [email protected].
Tigershares Trust [811-23371]
Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On November 25, 2020, applicant made a
liquidating distribution to its shareholders based on net asset value.
Expenses of $10,000 incurred in connection with the liquidation were
paid by the applicant's investment adviser, and/or their affiliates.
Filing Date: The application was filed on December 11, 2020.
Applicant's Address: [email protected].
XAI Octagon Credit Trust [File No. 811-23364]
Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
Filing Date: The application was filed on January 5, 2021.
Applicant's Address: [email protected].
[[Page 12735]]
For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-04411 Filed 3-3-21; 8:45 am]
BILLING CODE 8011-01-P